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Chapter 20 - Taking on the Intelligence Wars and the Soviet Espionage Threat

[U.S. Goals] The United States intelligence effort shall provide the President and the National Security Council with the necessary information on which to base decisions concerning the conduct and development of foreign, defense and economic policy, and the protection of United States national interests from foreign security threats. . . . (a) Maximum emphasis should be given to fostering analytical competition among appropriate elements of the Intelligence Community. (b) All means, consistent with applicable United States law and this Order, and with full consideration of the rights of United States persons, shall be used to develop intelligence information for the President and the National Security Council. A balanced approach between technical collection efforts and other means should be maintained and encouraged. (c) Special emphasis should be given to detecting and countering espionage and other threats and activities directed by foreign intelligence services against the United States Government, or United States corporations, establishments, or persons. (d) To the greatest extent possible consistent with applicable United States law and this Order, and with full consideration of the rights of United States persons, all agencies and departments should seek to ensure full and free exchange of information. . . .

[NSC] The NSC shall act as the highest Executive Branch entity that provides review of, guidance for and direction to the conduct of all national foreign intelligence, counterintelligence, and special activities and attendant policies and programs. The NSC shall establish such committees as may be necessary. . . . The NSC, or a committee established by it, shall consider and submit to the President a policy recommendation, including all dissents, on each special activity and shall review proposals for other sensitive intelligence operations.

[Director, CIA and Advisory Groups] The Director of Central Intelligence shall establish such boards, councils or groups as required for the purpose of obtaining advice from within the Intelligence Community concerning [seven named areas]. The Director of Central Intelligence . . . shall be responsible directly to the President and the NSC and shall act as the primary adviser to the President . . . and other officials in the Executive Branch with national foreign intelligence. (headings added)4

Executive Order 12334 on Intelligence Oversight—December 1981. Reagan’sExecutive Order 12334 on the President’s Foreign Intelligence Oversight Board, signed on December 4, 1981 was issued at the same time as E.O. 12333 above and was designed “to enhance the security of the United States by assuring the legality of activities of the Intelligence Community” through a new White-House-level oversight mechanism. Excerpted points from the two-page document include the following:

Section 1. There is hereby established within the White House Office, Executive Office of the President, the President’s Intelligence Oversight Board, which shall be composed of three members. One member, appointed from . . . the President’s Foreign Intelligence Advisory Board shall be designated by the President as Chairman. . . . The Board shall utilize such full-time staff and consultants as authorized by the President.

Section 2. The Board shall: (a) inform the President of intelligence activities that any member of the Board believes are in violation of the constitution or laws of the United States, Executive orders or Presidential directives; (b) forward to the Attorney General reports received concerning intelligence activities that the Board believes may be unlawful; (c) review the internal guidelines of each agency within the Intelligence Community . . . ; (d) review the practices and procedures of the Inspectors General and General Counsel of the Intelligence Community for discovering and reporting intelligence activities that may be unlawful . . . ; (e) conduct such investigations as the Board deems necessary to carry out its functions under this Order.

Section 3. The Board shall, when required by this Order, report directly to the President. . . .

Section 4. The heads of departments and agencies of the Intelligence Community shall, to the extent permitted by law, provide the Board with all information necessary to carry out its responsibilities. . . .

Section 5. Information made available to the Board shall be given all necessary security protection in accordance with applicable laws and regulations. . . .

Section 6. Members of the Board shall serve without compensation, but may receive . . . per diem allowances. . . . Staff and consultants to the Board shall receive pay and allowances.5

The Board’s directors were first John Foster and later Anne Armstrong.